The Codes of the Constitution: how the the UK constitution has been expressed in writing over the past century

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Over the past century there has been an enormous growth in the number of publicly available codes providing accounts of various constitutional rules and principles. In a new book Andrew Blick explores this phenomenon and its implications for the UK constitution. He offers an overview here.

Towards the end of this year the Cabinet Office marks its hundredth anniversary. This institution traces its origins to the secretariat David Lloyd George attached to the war cabinet he formed upon becoming Prime Minister in December 1916. Accounts of this administrative innovation tend to focus on its making possible the proper recording and circulation of the decisions of cabinet and its sub-committees. But the instigation of the war cabinet secretariat also prompted another process that has, in the intervening century, become a prominent feature of arrangements for the governance of the UK. It is the subject of my new book, The Codes of the Constitution.

9781849466813In January 1917, the Secretary to the War Cabinet, Maurice Hankey, produced a document entitled Rules of Procedure, circulating it to government ministers. Its ten paragraphs contained a series of stipulations about the operation of the War Cabinet and the implementation of the conclusions it reached. Rules of Procedure was probably the first example of a genre of official texts setting out official accounts of the principles, rules and practices of the UK governmental system. Having passed through a series of transitions Rules of Procedure remains with us today as the Ministerial Code, the latest version of which was published in October 2015. In 31 pages this informs ministers about a range of issues from their participation in cabinet, to their making of appointments, to their relations with their departments, the civil service and parliament, to their political and private business, to their media relations, and even their travel arrangements.

Since 1917, numerous other codes have appeared – so many that no one public official could possibly be familiar with the existence, let alone the content, of all of them. Such was the scale of growth that, in 2000, the Cabinet Office saw a need to codify codification itself, issuing a two-volume Directory of Civil Service Guidance, a compilation of existing texts either in full or summarised form. The Cabinet Office has been a key producer of these documents; and the Treasury has also made significant contributions, through documents such as Managing Public Money. The existence of a unified permanent civil service, which properly came into being shortly after the First World War, has also been a general driver of codification.

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